Gabriel Dike
A major disagreement is brewing at the Federal Polytechnic, Bida, Niger State, between the Academic Staff Union of Polytechnics (ASUP) and the Rector, Dr Abubakar Dzukogi, over his retirement and continued stay in office.
This is certainly not the best of times for the 43-year-old polytechnic. ASUP and the rector are at loggerheads over the interpretation of the 2019 Polytechnic Act and two conflicting letters from the Federal Ministry of Education, Abuja.
One of the letters was signed by the Minister of Education, Mallam Adamu Adamu, and dated March 4, 2020. The second one was by the Director of Tertiary Education in the ministry, Mr. Samuel Ojo, dated June 9, 2020. The letters conveyed different government positions to the rector, which ASUP is contesting because they conflicted with the Polytechnic Act and the extant law.
After the expiration of Dzukogi’s first tenure on May 22, 2019, President Muhammadu Buhari, approved second term for him via a letter signed by Adamu, dated March 4, 2019 with a condition of serving two years because of his age.
The new 2019 Polytechnic Act signed by Buhari states that rectors of federal polytechnics are to serve five years single tenure. The Act pegged the retirement age of academic staff at 65 years, which is also enshrined in the conditions of service for polytechnic sector.
Adamu’s letter reads: “I write to convey to you the approval of Mr President, for your re-appointment as rector, Federal Polytechnic Bida. However, I am to inform you that your appointment will terminate on February 15, 2021, after attaining the mandatory retirement age of 65 years in line with the condition of service in the polytechnic sector.”
But in the second letter, Ojo gave another directive, stating categorically that his letter superseded that of the minister. He insisted based on the extant provisions, Dzukogi would serve out his second term terminating on May 20, 2023:
“However, you are required to retire from the service with immediate effect as a staff of the institution and continue to run the second term. Failure to do so would mean that you would vacate office on attaining the mandatory retirement age of 65 on February 15, 2021.”
ASUP had opposed the second term bid of Dzukogi because of his age. The union said its position was ignored by the Governing Council and the rector who will be 65 years in 2021 was given second term.
Swiftly, a day after Ojo’s letter Dzukogi wrote the registrar: ‘’I hereby offer my voluntary retirement as a staff of the Federal Polytechnic, Bida, with effect from today, June 10, 2020. My retirement is tendered to enable me serve out my second and final term in office and in line with extant provisions.’’
Worried by the development, ASUP demanded the reversal of the re-appointment of Dzukogi. It faulted his continued stay in office after his retirement in June.
It said following its complaint about the rector’s re-appointment for a term of four years and later the Federal Government abridged it to two years, “the implication is that the rector would vacate office on February 15, 2021.”
The union explained that Dzukogi clocked 63 in June 2019 and that he ought not to have been re-appointed because he has only two years left in service: “It was based on the fact that the Polytechnic Act did not have the provision for two years tenure, the Federal Government should reverse his re-appointment.”
The rector insisted that his tenure was extended in line with the Polytechnic Act and extant provisions. He urged Adamu to advise the union to desist from frivolous and contemptuous letter writing and petitions.
ASUP petitions presidency
ASUP then petitioned the Presidency faulting the re-appointment of Dzukogi because of his age. The letter dated June 11, 2020 and signed by its Chairman, Abubakar Ndasabe and the General Secretary, Yusuf Yakubu, recalled that on November 26, 2018, the union reminded and appealed to the Governing Council to advertise the position of rector since Dzukogi’s tenure ought to have ended May 22, 2019 and statutorily not re-appointable for second tenure because he has less than two years to retire from service.
In the letter addressed to the Chief of Staff to the President, Prof Ibrahim Gambari, the union said the provision of the law governing the re-appointment of rector was deliberately manipulated to favour Dzukogi: ‘’The re-appointment letter is first of its kind in the polytechnic sector.
‘’In recognition of retirement age clause contained in the new Polytechnics Act 2019, the minister conveying the approval of Mr President in his letter of re-appointment, stated explicitly that his tenure terminates on the date of his retirement from the service, which is February 21, 2021.’’
The union alerted the COS of fresh move to secure another re-appointment, which it tagged “third term” in office even after the rector retired as civil servant, stating the action is against every known provisions of the law.
ASUP said as a government that is committed to fighting corruption, giving room for illegality to triumph as the case in Dzukogi’s re-appointment, would set a bad precedent: ‘’Therefore, the union calls for the advertisement of the position of rector in line with Section of the Federal Polytechnics Act as amended 2019.”
In respond to ASUP’s letter, Prof Agboola Gambari in a terse statement wrote the education minister on July 20, 2020: ‘’Unlawful re-appointment of Dr A.A. Dzukogi as rector for third term. You may review and take appropriate actions.’’
Dzukogi reacts to ASUP allegations
Dzukogi said ASUP was mixing up issues as regard his re-appointment and retirement, arguing that he retired as staff of the polytechnic, and not as the rector.
“The position of rector is a tenure one. I got a presidential approval for a full term in office conveyed to me by the minister and the letter said the re-appointment is for a second and last tenure of four years based on the Federal Polytechnic Act CAP. F.17 Section 8 (b).
“Based on extant provisions, I had two options, one, is to continue in office and when I reach the retirement age of 65 on February, 21, 2021, I will then retire and leave office. The second option, is retire as a staff of the Federal Polytechnic, Bida and run out my four years tenure as approved by Mr President in a clarification letter dated June 9, 2020.”
Dzukogi said ASUP “is being mischievous” about his approved re-appointment and observed that the ministry cannot be foolish to ask him to continue in office without following the laid down rules. He revealed that the immediate past governing council wrote the minister that presidential approval could not be cancelled, thus a new letter was sent to him, which superseded the earlier one from the minister.
“The second letter says I can retire as a staff of the polytechnic and continue in office as the rector. Let me tell you, even after retirement, I can go to another polytechnic and become rector but not as a staff of the institution. I advise the union to wait for the outcome of the court case they instituted.
“The union got it wrong. I did not retire as the rector but as a staff of the institution based on the directive of the ministry of education. The second clarification letter stated it clearly that I should retire as a staff and continue in office as the rector.”
The Mass Communications scholar told The Education Report that he has taken the institution to greater height in the last five years and insisted that he would not allow distraction to stop him from making the polytechnic one of the best in the country. “At the end of my second tenure, I will leave a polytechnic that will compete favourable with its peers.”